Is a CC&R document that has not been recorded with the county enforceable?

I am an HOA member who would like to rent his property. The HOA has passed a rule that prevents me from doing that but never recorded the CC&R’s with the county. Can they enforce a CC&R that has not been recorded?

Asked on March 23, 2011 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The covenants, conditions and restrictions (CC&Rs) are the governing documents that dictate how the homeowners association operates and what rules the owners -- and their tenants and guests -- must obey. These legal documents might also be called the bylaws, the master deed, the houses rules or another name. These documents and rules are legally enforceable by the homeowners association, unless a specific provision conflicts with federal, state or local laws. Sometimes the CC&R creates a home owners association and sometimes they do not.   And the filing requirement is an issue in some states where they must be filed.  The California Civil Code Section that governs here is 1357.100. You can also find the laws at the California state website.  I would double check here before you engage in a lengthy lawsuit, which is what will happen.  And I would also make sure that they passed the law pursuant to the law and the by-laws.  Good luck.

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